The question bugging Malaysians in the past 20 months have finally come to the very fore – whether Malaysians can expect justice in cases involving top Umno leaders when the Chief Justice, Tan Sri Zaki Azmi had been a long-time Umno lawyer and stalwart?
When Zaki was appointed directly as Federal Court judge in September 2007, it is open secret that he was headed for what turned out to be a quintuple jump as Chief Justice in a matter of 13 months.
Both inside and outside Parliament, the propriety of Zaki’s appointment as Chief Justice and how it could help in restoring national and international confidence in the independence, impartiality and integrity of the judiciary was raised – with no attempt by the Prime Minister of-the-day to give proper and acceptable answers.
This question has again come to the very fore because of the super-fasttracking by the Court of Appeal of the application by the usurper Perak Mentri Besar Datuk Zambry Abdul Kadir to “stay” the declaration of the Justice Datuk Abdul Aziz Abdul Rahim in the Nizar vs Zambry case that Datuk Seri Mohd Nizar Jamaluddin is the lawful Mentri Besar of Perak.
Many questions cry out for answer as to how could a single-judge Court of Appeal in a short hearing, in a few hours after the filing of the application, grant a “stay” of the declaration by the Kuala Lumpur High Court judge made in an one-hour reasoned judgment after three days of arguments.
Yesterday, Nizar’s solicitors were informed by fax of Zambry’s appeal:
- 10.07 am – letter to Court of Appeal requesting early date;
- 10.43 am – informed that application for stay fixed on the same day, no time of hearing stated.
- 10.52 am – notice of appeal.
Nizar’s lawyers were not given proper notice of the hearing by single-judge Court of Appeal at 11.30 am on the application by Zambry’s lawyers for “stay” of declaration, although Zambry’s application was filed at 9 am and application for stay at 9.30 am.
These time-lines for the “super-fast” Court of Appeal proceedings are pertinent. Nizar’s solicitors have filed his application to discharge Zamry’s “stay” order at the Court of Appeal, Palace of Justice, Putrajaya after lunch.
Is the Court of Appeal prepared to equally fast-track today to have a three-judge bench to convene in special session for the discharge of Zambry’s “stay” order?
#1 by Godfather on Thursday, 14 May 2009 - 10:21 am
We Malaysians are such a forgiving lot, or maybe we Malaysians are simply naive. When Zaki’s name was proposed as the next CJ, only Kit blogged about the dangers of conflict of interest, and the rationale behind the “meteoric” rise of this candidate.
The Bar Council even welcomed Zaki’s appointment. I got into an argument in this blog with some lawyers who think that Zaki is the best candidate we have to be CJ, and who think that Zaki’s past – whether as UMNO lawyer or as a passionate man chasing skirts wherever he went – cannot be used as arguments to disqualify him.
What now ? We have an ex-UMNO lawyer as Chief Justice. We don’t know to what extent his philandering past has been used by vested interests against him – to ensure that he toes the line set by his political masters. Who would have “evidence” of his colourful past ? Certainly not the Opposition parties.
This has to stop – and we have to stop it in 2013.
#2 by yhsiew on Thursday, 14 May 2009 - 10:48 am
How else could Zaki repay his ‘enormous indebtedness’ he owed to BN?? What better choice had he got??
#3 by SpeakUp on Thursday, 14 May 2009 - 11:40 am
katdog … what you say is so true but everyone here has already decided that the Court of Appeal is a mere puppet. Even if it DID come up with a decision that is sound, as long as its against Nizar it will still be considered BN instrument.
I really want to see the faces of all those who talk so big here when the Court of Appeal decides in Nizar’s favour.
In RPK’s application for review of his detention, the court agreed that it was WRONG. Is this a different court? Hmmmm … maybe Malaysia got 2-3 court systems la and RPK was so lucky.
Wake up guys, you all can talk only, you are not even lawyers. I for one would not dare to comment esp when we do not have details of the case.
What is obvious is some here already made very stupid statements, like Court of Appeal cannot have a single judge sitting but it has been shown by statutory provisions that it may do so. How about that?
Let the case be heard on Monday and see the outcome. Its better to wait than to shoot our mouths off.
#4 by Winston on Thursday, 14 May 2009 - 12:14 pm
Uncle Lim, given the quality of many of the BN lawmakers, does it strike anyone that whatever degrees they may profess to possess maybe fakes?
It’s time to look into this issue!
#5 by lesliefkh on Thursday, 14 May 2009 - 4:05 pm
help!! can anyone guide me how to logout my log? thanks.
No intention of against LKS but for safety reasons. Pro DAP-PR.
#6 by grace on Thursday, 14 May 2009 - 5:34 pm
“Can Malaysians expect justice in cases involving top Umno leaders when there is an Umno Chief Justice, Tan Sri Zaki Azmi?”
Aiya, no need to answer already forgone conclusion la!
He is put up there not without a reason.
#7 by TomThumb on Friday, 15 May 2009 - 8:05 am
if all else fails the sultan can always sack himself.